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: tonight we are live in aurora, colorado and james holmes dressed in a jail jumpsuit made his first appearance. he never out eared word. it was a strange scene inside the courtroom. for more on that, brandon from the aurora sentinel joins us. take me through it. >> what most people were struck by his of various colors, the orange hair, another shade of red on his pants. orange sandals it was a unique scene. once he sat down. he never opened his mouth. he never seemed to acknowledge anything. >> greta: did he seem to look around the courtroom? >> i don't think so. i think he had his eyes on the judge and that was about it. he didn't look at the victims or anything like that. >> greta: what about the victims in the courtroom. who were they if you know and was there reaction? >> there was a handful of families of the deceased. they were surrounded by several victims from around the state. they brought them in from various different agencies. there was one man who i assume was the father of deceased who was staring throughout the entire hearing. i don't think he took his eyes off for a
. >> there is a jim holmes of aurora, colorado age on the tea party site. >> as has abc's error affected your trust in journalism? the movie theater massacre gave politicians and the press another chance to tackle the second amendment and rally for a change in gun laws. are the news media becoming too predictable on the issues? >> you didn't build that that. >> the president's words still in the news as are mitt romney. which candidate are the mainstream media protecting and which one is getting roasted? and who is this little boy and how did his store arery change news coverage? >> on the panel this week, writer and fox news contributor judy miller. rich lowry, editor of the national review. jim pinkerton, contributing editor of the american conservative magazine and daily beast editor, kirsten powers. i'm jon scott. it has been over a week now since we all learned of the terrible news, reports out of aurora, colorado describing a shooting massacre at a late night showing of a batman movie. news organizations scrambled to report the horrific details but not everyone got it right. >> i want to go t
. first we'll go to adam housley just a block or so away from james holmes' apartment and you've been hearing the explosions there, tell us more. >> that's right, we're block or so from the apartment complex, step away and give you the vantage point. the hook and ladder truck is have taken individuals to the third story apartment where james holmes has booby trapped the place. the aurora police department say they've been successful so far on a number of things. they've had three explosions, the first two hours ago, sounded like you were far away from a fireworks display. e he ago was a loud bang and it was significant. you had everybody taking cover beforehand and then the explosion took place. we're told all three were significantly successful for the aurora police department or atf, for fbi, for the massive number of agencies out here dealing with this. what they had to do was basically find a starting point to get into this apartment. the entire apartment is booby trapped from floor to ceiling, there are wires all over the place and cook bottles filled with liquids and balloons w
: the suspect, james holmes, will appear in court on monday. one big question for police, finding a motive for one of the worst mass shootings in u.s. history. adam housley is live on the scene for us in aurora, colorado. >> we might find more out about that admission of what he has done or what really drove him to do this, what's inside this apartment complex behind me. authorities said even if they find or even if he has told them before he got a lawyer, they won't tell us. they'll wait and do that in a court of law. you know they're getting at evidence inside. let me give you a look at what's happening inside. the ladder truck put its ladder down. that's significant because it means they no longer have to hoist anybody in. they can now walk in. they've been inside the apartment from james holmes now for three or four hours. they have an assessment team inside. what they're doing now is all the trip wires have been taken down. all the significant threats have been taken away. but there are still very delicate areas in the apartment. they're going through very tediously, very meticulous w
and more investigating of suspect james holmes, there has been no rest. they continued collecting evidence today, a day after disarming the apartment where he lived. police saying it was set up to kill or seriously injury whom ever entered. i spoke with police chief daniel oats earlier about effort to preserve the evidence. >> that was extremely high priority over the last two days, we wanted the evidence in that, inside that apartment and we've taken custody of the computer, the potential that we might get evidence out that have computer is, well, it's very important to us, but, every ounce of evidence will just help us hold this person accountable. so, it was a very, very high priority that we cover evidence and i'm so grateful that we had the bomb professionals from the feds and our local agencies to help us do that. it was a great relief, and we've mitigated the hazard and that we would start that evidence and i suspect we'll be sifting through that evidence for months. >> we'll hear more of that evidence from chief oats later in the hour. as for holmes, the 24-year-old is currently in
holmes tossed at least one gas canister into the packed theater, then opened fire. victims have described a horrific scene. people running, diving for cover, we're told a few used their own bodies to protect loved ones. some bleeding, but still alive, literally crawled from the theater to safety. others never made it out. in all, 71 people were hurt. several remain in critical condition. over the next hour, we will bring you updates from aurora and tell you more about the survivors of this tragedy and the 12 people who will never come home. adam house israeli live in aurora outside the suspect's apartment. >> we spoke last week, moved closer. we're 90 feet or so from the front of the complex. go across the street, this is the complex where everything has been focused since early, early yesterday morning. if you look through the window, you'll see one of the investigators inside. there are atf agents, f.b.i. agents, and the aurora police department. they put up black plastic over the windows. you can see where they knocked the windows out throughout the day. that's part of the way they had
to doing that, opening the door to the apartment of this man, 24-year-old james holmes, a man that police say spent the past few months stockpiling weapons and ammunitions -- am mu mission, i should say -- ammunition i should say with a plan targeting men, women and children gathered together for fun in the theater bea hind me me -- behind me watching the latest batman movie. police say safety is their main priority as they delicately try to figure out how to get into holmes' apartment and disarm what appear to be explosives and insydney ary devices inside. here is the chief of police. >> our investigation determined that his apartment is booby-trapped with various insidniary chemical devices and apparent trip wires. we have an active and difficult scene there. >> adam house she live outside the uh -- adam howsley is live outside the apartment complex. >> we will give alive look. wree a block away. we are not down wind. we are up wind from where this explosion could take place. this is the way the scene has been for 24 hours now, maybe a little longer. you can seat fire equipment here, st
, first, to san diego, a lawyer representing james holmes' family. not james holmes. his family. >> they have personal knowledge of things when, in fact, they don't, because it wastes the court time. it is also important that a case of this significance be tried in the courthouse, in the courtroom, and not in the media. the process in colorado is a bit different from the process here in california. here in california if someone is arrested for a crime such as murder, the district attorney's office first filed a complaint alleging what the charges are and files a complaint. the first court appearance is an arraignment where the accused enters a plea of not guilty and thereafter a preliminary hearing takes place where the court has to look at what evidence the prosecution has and to make a determination as to whether there is probable cause to believe, number one, that a crime was committed. and, number two, that this person committed that crime. if there is sufficient evidence to hold the person to the charge s, that a for formal document is filed and the process started against
at the apartment where suspected mass murderer james holmes lived. listen. and it could have been much worse. bomb squad technicians and dozens of federal agents spending a tense day removing trip wires, disarming a series of ex-ploy suvs that police say were meant to seriously hurt or kill whoever first entered that apartment. >> make no mistake, okay. this apartment was designed i say based on everything i have seen to kill whoever entered it, okay. and who was most likely to enter that location after he planned and eastboun executed s horrific crime? it firefightersing t was goinge officer. if you think we are angry we sure as hell are hang fry. what happened to our city and the wonderful people that live here and what he threatened to do to one of our police officers. >> holmes' down stairs neighbor almost walked into that trap. around midnight thursday night she heard techno music booming upstairs and went to holmes third floor apartment to tell him to quiet down and put her hand on the doornorthbound and says she realized it would open but her instants told her to walk away. >> something tol
as 24-year-old james holmes who lived in aurora. as we just told us, his home is booby-trapped at this time. they are right now trying to work to disarm some flammable or explosive material that is inside that apartment. there is a live look for you right now as they continue to work to do this. police say the gunman wore a bulletproof vest. also a gas mask as he detonated gas canisters and opened fire on a crowded theater early this morning in colorado. cell phone video shows the chaos is terrified moviegoers come out of the movie plots. here now, are the sites and sounds of this nightmare. >> there are explosions behind me and i thought it was just a normal practical joke. >> there are people shot right now. there are people running out of fear that her shot. >> guys come running in, running through the theaters and the exit and he is like, don't go out in the lobby. someone is shooting people out there. >> one of my friends got scammed by a bullet on the neck. he is okay. he was at the hospital. another one of my friends just got a bullet slammed him in him on the le
burning inside of the apartment of james holmes. you can see glass is broken away. that is where the bomb squad got up there. there are reports a person stepped inside but know they stuck a camera inside of the window. they take a look at what the police chief described as a vexing problem. there is a series of trip wires hooked up to fire bombs. some kind of unnamed chemical. and jars filled with an anything rounds. and what appear to be mortar rounds, there has been discussion of sending robots inside of the apartment to possibly control detonation of whatever is inside. but police appear to be in no hurry right now to get inside of the apartment until they have a good plan for what is inside there and how they're going to diffuse thachl you heard the chief talking about getting help from the feds. there are experts can make sure there is a safe plan. what they couldn't don't want to do is injure personnel and cause destruction to property and something that clearly don't want to do is destroy what should be an abundant supply of evidence. so what we can see right now is that they have
movie theater. now we only have sketches of james holmes the 24 kraoerld suspect becaus24-year-old suspect because the court banned cameras after the defendant objected to them. he has been charged with 116 counts of attempted murder and murder. witnesses say holmes appeared just as dazed, actually no we heard different reports on this. this script says he appeared just as dazed as he did the first time. earlier i read from our fox news producer he appeared less dazed, less of the eye wandering and so on we saw the first time around. he's been sitting at counsel table, and tkae actually heard the charges against him. the former university of colorado student had apparently been under the care of a psychiatrist, and here is a picture of that doctor, lynne fenton happens to be a member of the university of colorado's threat assessment team. they are the ones in the wake of tragedies like at virginia tech assess the threat on campus and she counselors students and specializes in schizophrenia, and she was seeing james holmes as her patient. coming up we'll have a live report from
to be a red light burning inside the apartment of james holmes. you can see where some of the glass was broken away. that's where the bomb squad and fire crews got up on the basket. we have reports of one person stepped inside. but we have a camera. they got a look at what the police chief described as a vexing problem, something he has never seen. a series of trip wires, hooked up to what appears to be incendiary devices, unidentified chemical, jars filled with ammunition rounds and what appear to be mortar rounds. there has been a discussion of sending aren'ts inside that apartment, possibly to conduct controlled detonations of whatever is inside that apartment. but police appear to be in no hurry to get inside that apartment until they really have a good plan for what they have inside and how they are going to defuse all of that. you heard the police chief talk about getting help from the feds to look at the pictures of the video from inside that apartment building and make sure they have a safe plan to go inside. they don't want to injure any personnel and cause further destruction to prop
get the confirmation that that door to james holmes' apartment was set to kill, a quote from the police officer. set to kill whoever opened it and you spoke to the lady who almost opened the door the night of this event. and cassidy carson, we've been successful in defeating the first threat and the traps were set to kill those entering first in the apartment. if that's in fact true they may have found that entry point to get bomb technicians inside to get potentially the bomb robots inside. and part of the issue, it's not just one or two bombs to kill whoever opened the door, there are a number of devices intertwined with wire, bottles they say the size of coke bottles filled with a liquid that looks like water and we don't know what it is, balloons with powder inside, potentially gun powder and bullets laying around and other pieces of stuff, basically, that could become schrapnel if this was to go up. so this apartment is booby trapped from floor to ceiling. now, we do know that authorities had a plan in place this morning, they had a big meeting for about two hours, the f
gerald love lofner. now, we have 24-year-old james holmes from san diego who allegedly killed 12 people, wounding 59 others in a colorado movie theater. the crime took place in aurora a suburb of denver. a place where i lived for two years. aurora is a middle class neighborhood, just regular folks. colorado authorities are holding holmes and there is no question he did it. once again, we have a crazy guy causing a massive amount of pain and destruction. there is little else to say. fox news correspondent jon scott has the timeline. >> reporter: a little after midnight local time the wildly anticipated premier of batman the bark knight rises begins. >> i look to my right and there is this guy coming through the exit door to my right. and he looked like he was an actor or something like he was just a prop. >> 20 minutes later the shooter stands at the front of the theater wearing body armor and a gas mask. he is armed to the teeth with an assault rifle, shotgun and at least one glock pistol. first he sets off two devices which release some sort of irritant or smoke in the air. then he ope
controversy. >> there is a jim holmes of aurora, colorado page on the colorado tea party site as well. >> bill: abc news making significant mistake on the early coverage of the massacre. bernie goldberg will have some thoughts on that. >> the ncaa is imposing a fine of $60 million on the university. >> bill: penn state gets hammered. its football program cut way back for at least four years in the wake of the sandusky child molestation scandal. but is the punishment enough? caution, you are about to enter the no spin zone, the factor begins right now. hi, i'm bill o'reilly, thanks forever watching us tonight. guns murder and the u.s.a. that is the subject of this evening's talking points memo. far left idealogues are demagoguing the mass murder in colorado. they want gun control in the country. uber liberal bill moyers is the poster boy for that. >> the killer in colorado waiting only for an opportunity. and there you have it. the arsenal of democracy transformed into the arsenal of death. and the nra, the nra is the enabler of death. paranoid, delusional, and as venomous as a corps i don't kn
, katie holmes, that was in 2005, now a scant five years and wedded bliss later, the fairy tale marriage is apparently kaput. and holmes secretly filed for divorce from cruise and the exact reasons are yet to be disclosed, but the media have dubbed tom's religion, scientology as the reason. why are we so fascinated with tom and katie? >> why not? they're both actors, they're celebrities. they're both playing this for what it's worth. >> she handles this very, very well from a media standpoint, but it's going to get ugly because the charges do involve a religion, and they've already seen from rupert murdoch's tweets it's going to raise questions. >> can't we leave these poor people alone. here is what i think the church of scientology is concerned about is and should be, is the media coverage of a trial. and according to it, the church was heavy handed on katie holmes and or her children, and if it gets in court a lot of the inner workings of scientology could come out which are kind of bizarre. >> should the media call this a religion? is it really a religion? >> well, you know, you get
, tsunami's fault. did you know that tom cruise and katie holmes broke up? and everything under the sun and they're not buying it. >> you know, if not for obama, that marriage would be okay. what do you make of that, ben stein, not the katie holmes-- >> i studied a lot of years at universities, i had no idea na tom cruise had an affect on the stock market. i want to thank charles for that. i think it's a close race and i don't think that romney is a particularly exciting candidate, but people are disgusted with the fact that mr. obama promised so much and delivered nothing, nothing. >> julian, the political, the polls have been close, and tight ones and carter reagan comes to mind and then we know they broke loose for reagan, right, almost the day before the election. can you see a phenomena like that for either candidate? >> no, and i don't think the normal practice of the challenger getting the undecides is going to occur this time. i mean, look, if you look the at the polls of polls, look at what nate silver has done, right out of 49 out of 50 states in the 2008 election most of the
that james holmes applied for membership at a gun club and telling the staff they said i'm not sure about this guy. welcome to a brand-new hour. >> arthel: also today the university of colorado is looking into whether holmes took advantage of his position as a graduate student to order materials for potentially deadly booby traps. they describe the search for evidence. >> we wanted the evidence inside that apartment. we had taken custody of the computer. potential we might get evidence out of that computer is very important. every ounce of evidence will help us hold this person accountable. was very high priority and i'm so grateful we had the bomb professionals from the feds and local agencies to help us do that. >> gregg: ascam live in aurora with the latest. >> reporter: we are learning new information about the suspect. we got a chance to get upright about ten feet of the building itself. it's the last building people are not allowed back in. authorities are going in and out. they say the investigation completed but at the same time they have cleanup and dangerous materials they say i
are wondering what's left. the accused gunman james holmes will be in a courtroom at 9:30 local time a very brief hearing he will be informed of his right. we will not likely hear awe lot about the charges. from what we understand james holmes in a jail cell about 13 miles from here has basically shut down refusing to give any information at home to investigators, to police officers. don't expect much of course not much of a defense can they mount once the trial begins. the only way to defend appears to be an insanity defense. we do not know. this is a rallying spirit a town coming together here in aurora, colorado. we will have more on where the story goes at 5:30 a.m. 9:30, 11:30 eastern time. >> james live in aurora. thank you. >>> kelly wright joins us now. >> president obama travels to aurora to serve not as commander-in-chief but counselor chief. reaching out to victims and families and entire family still stunned. president owe barack obama met with each family dealing with the anguish of the senseless act of violence. he came to them not only as a president but as a father and husb
's ahead relatives of the victims watched as james holmes walked into the court. and now we know the charges he will face. >> read 142 counts in court today. >> shepard: including two counts of murder for each victim. tonight, what unfolded inside the courtroom. plus, is he even sane enough to stand trial? wal-mart bomb threats. at least 11 stores affected. >> we have seen people running in, walking out of wal-mart. >> now developments in the search for a suspect. and hiccups at the olympics from all those empty seats to an important set of stadium security keys that just disappeared. tonight, revealing the troubles at the 2012 games about. but first from fox this monday night. 116 counts of attempted murder. and 24 counts of murder in the first degree. those are among the charges prosecutors unveiled today against the man accused of opening fire at the movie theater in colorado. 12 people died in that attack in aurora earlier this month. but prosecutors hit james holmes with two dozen murder charges. one set of charges for deliberately setting out to kill people. another for som
of james holmes as we learn the next steps in the case against the accused mass murderer. exclusive video from inside his apartment. jenna: back to business for the presidential candidates. some wonder if governor romney is simply not playing up some of his best qualities, success, charity and faith. we're your election headquarters. we'll talk about that. >> good bargains and no sales tax, one of the best things about online shopping might be going bye-bye. jenna: there are so many good things, jon. jon: those stories plus breaking news, all "happening now." jon: a good tuesday morning to you there. there is new fallout from the first court appearance for the movie massacre suspect. i'm jon scott. jenna: nice to have you back on set. jon: thank you. jenna: great to have you out in colorado. we'll have some of your exclusive reporting for us. jon: i have some new information from out there. jenna: we're glad you're with us. i'm jenna lee. we'll look a couple headlines we have for you. this new look at the accused gunman james holmes seen here in his booking photo. this after victims, rela
will begin next year. and january 8, 2011 gerald love lofner. now, we have 24-year-old james holmes from san diego who allegedly killed 12 people, wounding 59 others in a colorado movie theater. the crime took place in aurora a suburb of denver. a place where i lived for two years. aurora is a middle class neighborhood, just regular folks. colorado authorities are holding holmes and there is no question he did it. once again, we have a crazy guy causing a massive amount of pain and destruction. there is little else to say. fox news correspondent jon scott has the timeline. >> reporter: a little after midnight local time the wildly anticipated premier of batman the bark knight rises begins. >> i look to my right and there is this guy coming through the exit door to my right. and he looked like he was an actor or something like he was just a prop. >> 20 minutes later the shooter stands at the front of the theater wearing body armor and a gas mask. he is armed to the teeth with an assault rifle, shotgun and at least one glock pistol. first he sets off two devices which release some sort of irri
hair dyed orange, we got a look at james holmes in court, the man accused of killing 12 and injuring 58 stared straight ahead, his eyes blinking, open, then closed and said nothing. he was advised of his rights. >> you're currently held on a no-bond hold. >> formal charges will be filed a week from today and likely include 12 counts of first-degree murder. the decision on whether he'll face the death penalty is months away. >> victims will be incompetent packeted for years. we want to get their impact before we make a decision. >> after the hearing a attorney for the holmes family spoke from san diego. >> the family wants to reiterate that their hearts go out to the victims and their families. the holmes family would like to maintain their privacy. so at this time, we will not be discussing james or his relationship to his family. >> police say holmes opened fire in a packed theater during a midnight showing of the batman film "the dark knight rises." friends, family and mourners set up a makeshift memorial across the street from the scene. >> innocence. innocence was lost. >> according
days and despondent. inside a colorado courtroom james holmes frowned, closed his eyes, hung his head. but from what we saw he never said a word. the former graduate student is accused of killing 12 and injuring 58 others. he was wearing a gas mask and dressed in ballistic gee. witnesses ran or dove for cover. yesterday, the president met with some of the survivors. among them, two best friends. one credited with saving the other's live. 19-year-old alliy young was gushing blood when her friend pulled her to the ground, held the wound, refused to leave, even as the bullets were flying. of course many did not make it out. these are the 12 who died. officials say their families will have a say in whether the prosecution decides to pursue the death penalty games james holmes. we have coverage this afternoon. mike tobin is at the hospital and we will have an update on the injured. and outside the courthouse in colorado, west of aurora, colorado, the scene of the crime, near littleton, colorado. what happened in court today? >>reporter: well, holmes did not have the charges filed. that com
their faces. once things get going in half an hour from now holmes will appear before judge william sylvester. he will be advised of his rights. this is something that could take five minutes or even less. that could be it. there could be a reading of the charges. otherwise the government has about 72 hours to file formnal charges. jon, we also found out from the public information officer inside the courthouse that about 10 minutes after this hearing we will have a press conference here, a news conference here from carol chambers, the district attorney here. jon? jon: alicia, you spoke to a victim who hopes to be in that courtroom today? >> reporter: yes. her name is mikhail la hicks. she was her. she talked to us with her friend laurie, she was inside theater eight, next door to the one where the shooting that took place. mckayla, was shot through the theater wall. it is still in her chin. doctors say it is safer for her right now. her mother said she is trying to get into the courtroom. >> i want to go into the courthouse to see as much as i can. if i can get in. if i can just see this guy
" reports that katie holmes fears she can't step outside without a scientology goon. and we have invited charles payne to weigh in because he has very heavy hands. according to a new york times article, polls show that americans under the age of 30 are inclined to support president obama but he may face challenges from 18-24, so it proves that "new york times" is not aware that 18-24 cop before 30. >> this is great for sitting outdoors and better news for greg gutfeld. >> a kind of a cheap shot jesse but i admire you and respect you for doing it. >> welcome our guests. >> kaly. >> and scary exceedian, tom and bill schultz and charles payne, wall street strategy ceo. he is as his readers and nice run. >> and ann myer asks is this overweighed. i will continue my nightly breaking with the bread. no matter what they said. no i ask you would you ask like what you eat for dinner. >>> are they gong-ho. "new york times" reports that president obama can't count on you. especially first timers in the booth and new generation become of voting age. and according to interviews. they are less excited
rick. i'm jenna lee. we're half an hour away where suspected mass murderer james holmes will hear the formal charges which the rampage killed 12 and lefts to's it of dozen dozen of others injured. holmes had the dyed reddish orange hair. he seemed dazed. this time around we'll not get a look at him because the judge banned cameras inside the courtroom. the judge issuing a gag order in the case. defense attorneys say it has been repeatedly violated pointing to recent leaks to the media and they will likely bring that up as an issue in today's hearing. alicia acuna is live in colorado with more. alicia? >> reporter: jenna, there are a few things on tap for today in addition to the filing of charges. james holmes will be in courtroom number 201 for the filing of charges in the expectation is that at minimum there will be 12 first-degree murder charges. there are two crime scenes that we know of. the theater where the shooting took place and. this is up to the direct attorney. >> carol chambers is an aggressive no-nonsense prosecutor. she debated the death penalty in her own mind. she
're concerned but they're not saying sorry. james holmes' parents standing by their son in the wake of that movie theater massacre insisting they have no plans at this point to apologize. >> all right. this woman didn't tell her doctor the truth about her medical past and lied. the top four lies you should never tell your doctor. "fox & friends" starts right now. >> good morning, everyone. hope you're going to have a good tuesday so far. brian, are you settled down now? >> yeah, i have to show the showboating that didn't -- that almost -- that we missed in the -- at the end of the show in a half-hour. >> will you be doing it or will you be doing it with arthur over your shoulder? >> i'm going to tackle you. >> if you don't mind. >> on the one. >> if i showboat, you better tackle me. >> let's get right to your headlines this morning. new video released by the taliban offering the chilling accounts of last month's attack on a u.s. base in afghanistan that left two americans dead. >> allah! allah! >> is that real audio from them when they let that off? the hour long video shows
movie theater unfolds, police say james holmes spent four months ordering ammunition and supplies for the attack and rigged nearly 30 explosive devices in his apartment. later today, president obammal take on the role of consoler in chief, traveling to colorado to comfort victims and their families n. aurora, a city trying to fathom the tragedy, residents will come together for a prayer vigil. i'm shannon bream. we go to the movie theater in aurora and talk to the police chief, one of only two interviews the chief is giving. hello, john. >> reporter: shannon, the police department insists that holmes acted alone. joining us now for one of his first interviews sips the shootings, aurora police chief dan oats. jon scott from outside the theater. there was word overnight, some confusion overnight that there might be a second person involved, a second suspect. you can clear that up for us? >> sure. i would like to correct something. rather than insist he acted alone, we have no information that he acted with anyone else at this time. there was a report overnight about a person who was
," everyone, i'm megyn kelly. here he is, accused mass murderer james holmes, appearing before a judge in a colorado courtroom just a short time ago. holmes with his bright orange hair looked wide-eyed and unshaven, his head bobbing slightly, closing his eyes, almost looking like he was falling asleep at points, saying absolutely nothing. he is accused of murdering 12 people and injuring 58. some of those badly hurt left with permanent injuries, that much is clear already. alicia a acuna is live outside of the courthouse where this took place, as i say, about an hour plus ago. alicia? >> reporter: hi, megyn. james holmes will be back in court in about one week to be advised of the formal charges, first-degree murder, the judge told him, will likely be among those charges today. holmes was kept away from the rest of the people in the courtroom, making his appearance from the jury box, even separate from his own defense team. judge william sylvester advised holmes of his rights and when asked if he understood those rights, he did not answer. instead, his public defender did that. and the
holmes is refusing to cooperate ahead of his court appearance which happens this morning. right now he is in solitary confinement. alicia acuna is live outside the courthouse in centennial, colorado, where this will play out in next couple hours. how is this expected to go? >> reporter: this could all be over with in five minutes or less. this is just the beginning of the process. it is set to begin at 11:30 eastern, 9:30 local. holmes could be advised of his rights. the government has 72 hours to file formal charges from the time of the advisement and bond could be set. right now he is being represented by a public defender, however, that could change. we will have a few people in the courthouse behind me here today. we'll bring that information to you live. martha? martha: you had an opportunity to talk to one much these sheeting victims who hopes to be there when this plays out in the courtroom today, right? >> reporter: absolutely, yes i did. her name is mikhail la hicks. she and her friend laurie were actually in theater 8. this was the theater next to theater nine, the one where
on the application to talk to james holmes about the next orientation. i did not get him. i got his voice mail answering service. it was a rather bizarre answer on it. >> how? >> it was very low, glutteral, low tone voice, talking, rambling, indistinguishable for what he was trying to say and do that lasted a while. i thought it was bizarre. but people do strange things or people do pranks. i left the message let it go. called the second day. normally i only call a person once we are very short on ranges in the denver area. so they will call me back almost immediately. he didn't call me back. so by the time i called him the third day i thought that's it. >> same voice message. >> could you decipher the words? >> only some words. >> how did this strike you emotionally? what did you think? >> this is bizarre, crazy for some reason. it was a low gutteral... type of thing. >> at some point you realize the shooter is the guy who applied to be a member of your gun club? >> what is the first thing you think? >> thank you lord for not being in the middle of this although i am obviously in the middle o
the suspect is now identified as 24-year-old james homes. james holmes. he stormed the midnight showing of the bad man movie "the dark knight rises" he was wearing a gas mask and bulletproof vest. it was 12:00am mountain time. the batman premiere had begun. 20 minutes later chaos started. the suspect allegedly throwing a gas canister inside the theater. between 12:20 and 12:30 witnesses say the first shots were fired, and it may have lasted for up to 15 minutes. at 12:39 police were notified of this massacre. innocent people were lying lifeless inside. now we've been hearing witness accounts all day on the horror in this theater. but this next woman best describes how most people are feeling. >> we go out, we see the cop with his gun across his chest. we go out and the first thing we see is a 13, 14-year-old girl with a bullet wound in her leg, and her stomach, and probably her chest, and i think she was right there about to die. and we see everyone surrounded her, everyone was screaming, everyone is screaming, crying around there, and wee-wee didn't know what was going on whatsoever. w
showers and storms. holmes' apartment. a poster in his bedroom showing several people shooting in various positions during a paint ball game. we see the doorknob police say he bobby trapped in an attempt to cause more destruction. a hoar refic rampage that left 12 people dead and dozens more injured. >> you have a right to remain silent. you make any statements they can be used against you. you have a right to be represented by an attorney. if you could not afford one in the statutory guidelines we will appoint one to you at no toss to yourself. the suspect with bright reddish hair he remained silent when addressed by the judge. he is being held without bail on suspicion of first degree murder and could facing a vated assault and weapons charges. her office will consider the death penalty. this is still a very active investigation she says. >>> i would say there was no such thing as a slam dunk case. it is a case where we will -- we are still looking at the enormous amount of evidence. we would never presume that it would be a slam dunk. we will work very hard on this case to prosecute it
on the legal aspect on this. jose baez will join us but the shooter james holmes was barely read his rights when media on the left blamed their favorite scrape goat, tea party for this crime. we'll get into those developments straight ahead on hannity. [ male announcer ] when a major hospital wanted to provide better employee benefits while balancing the company's bottom line, their very first word was... [ to the tune of "lullaby and good night" ] ♪ af-lac ♪ aflac [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. [ yawning sound ] with scottrader streaming quotes, any way you want. fully customize it for your trading process -- from thought to trade, on every screen. and all in real time. which makes it just like having your own trading floor, right at your fingertips. [ rodger ] at scottrade, seven dollar trades are just the start. try our easy-to-use scottrader streaming quotes. it's another reason more investors are saying... [ all ] i'm with scottrade. the heart of every innovation. wow. that feels really good! and now, sleep number intro
is already lawyered up. through all the reports, the planning on holmes has been very extensive. even though adam housley the agents were able to get inside, some of the actual bombs inside were not as sophisticated it doesn't take away the extensive planning that went on. mike tobin reported earlier in the day, two months he spent planning this thing. how is it that a prosecutor with all this information that we now have and much more to come, how can his defense say, i'm sorry, but my client just snapped? >> insanity is when you don't know the consequences or nature of your acts and that what did you was wrong. the prosecution has to show the planning. the calculated efforts he made to put this whole horrible slaughter in place plus his own background screams out this guy knew what he was doing. honor graduate in college and ph.d. student. his background, the planning the calculated acts he did i think the defense has a very big mountain to climb in this case. too much planning and effort. he planned it. he meant it. he meant to kill these people. he's got a big mountain to climb. >> arthe
. >> what is happening in the wake of the tragedy in colorado. mass murderer james holmes sitting in jail tonight. the facility was on lock down earlier today. more on that in a moment. firs tomorrow holmes scheduled to be back in a courtroom where he will be charged for murder of the 12 kid. even more charges for the dozens injured. this as we learn more information about the security at the movie theater. no security guards were on duty even though other theaters owned by the company did provide security for what was expected to be a busy opening night for the film "the dark knight rises. we will never know for sure security would have been able to prevent what happened. elizabeth pran is live with more. >> we learned a lot more about james holmes entered in the roorm behind me. he could be facing a laundry list of charges by the district attorney for the crime scene at the theater as well as the crime scene at his apartment building. we will learn the judge's decision on motions regarding the disclosure of a notebook sent to holmes' psychiatrist. that gag order will it be lifted? that'
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